Civil Procedure II
Shaughnessy
I. Pleadings
A. Complaint (Rule 8)
1) Elements of a complaint. (Rule 8(a)
a) Short and plain statement of the grounds upon which the court’s jurisdiction depends.
b) Short and plain statement of the claim showing that the pleader is entitled to relief.
c) A demand for judgment for the relief the pleader seeks. Sometimes called a “prayer” or “ad damnum clause.”
2) Form of Pleadings (Rule 10)
a) Caption: Includes name of court, title of the case, identity of the document, file/ case number. (Rule 10(a)).
b) Body: Sets forth claims or defenses in numbered paragraphs, usually separating each claim by a specific count, even though the rule only requires this for claims arising from different transactions. (Rule 10(b)).
3) Legal Sufficiency- Governed by Rule 12(b)(6), discussed later.
4) Factual/Formal Sufficiency
a) Code Pleading: Only some states, requires Π to plead with greater specificity than the Federal Rules. Π must make a “statement of facts constituting a cause of action, in ordinary and consise language, without repetition.”
b) Federal Rules Pleading: No mention of “facts” at all.
c) Common Counts: Allowed by code states and Federal Rules. Allows Πs to state certain claims in a shorthand form.
Dioguardi v. Durning: Π, not trusting lawyers, drew up own complaint. Court granted Δ’s motion to dismiss and let Π amend, but again dismissed for insufficiency. Ct. of Appeals (COA) says his complaint OK under FRCP’s short and plain statement standard.
5) Heightened Specificity Requirements (Rule 9): Exceptions to liberal requirements of Rule 8- a) Denial of a party’s capacity to sue or be sued; b) Fraud or mistake; c) Denial of performance of a condition precedent; d) existence of official documents on which the pleader plans to rely; e) material facts of time and place; f) special damages; g) certain aspects of admiralty jurisdiction
Leatherman v. Tarrant County: COA held that a Π suing a municipality for civ. rts. violation was subject to a
d in combination w/admissions to deny certain parts of the complaint.
c) Qualified General Denial: Admission of a small portion of the complaint, but denial of rest.
iii) Deny knowledge or information (same as denial)
iv) Say nothing to the point (same as admitting)/ Default (Rule 55)
b) Affirmative Defense (Rule 8(c))
3) Claims by the defendant: counterclaim, cross-claim
C) Amended Pleadings (Rule 15(a))
1) A pleading may be amended once as a matter of right
a) Complaint: Once at anytime before the answer is served (even if a motion is filed before the answer is served).
b) Answer: Once w/in 20 days after Δ has served it.
2) If not as a matter of right, a pleading may be amended only by leave of court, or consent of the other side, but will be given freely when justice so requires.
